Gujarat High Court Upholds Acquittal Of Husband, In-Laws Accused Of Poisoning And Burning Wife, Citing Lack Of Proof

The prosecution alleged that Shailaben, wife of accused No. 1, was harassed because of his alleged relationship with accused No. 3, wife of accused No. 2.

It alleged that, during the night of 8–9 October 1999, the accused forcibly administered pesticide to her and then set her body on fire.

The Sessions Court acquitted the accused of offences under Sections 302, 306, 120-B and 201 IPC, finding that the prosecution had not proved its case beyond reasonable doubt.

The State appealed under Section 378 CrPC.

Sections 302, 306, 120-B and 201 IPC govern, respectively, murder, abetment of suicide, criminal conspiracy and causing disappearance of evidence; for Section 306, the prosecution must establish abetment within Section 107 IPC, including instigation or intentional aid.

Under Mahendra K.C. v. State of Karnataka, instigation involves goading, urging, provoking, inciting or encouraging, and the accused’s conduct must be reasonably connected to the consequence; Amalendu Pal alias Jhantu v. State of West Bengal holds that harassment alone, without a sufficiently proximate positive act, is insufficient for Section 306.

Under Chandrappa v. State of Karnataka, an appellate court may review an acquittal, but must respect the reinforced presumption of innocence and not interfere where two reasonable views are possible.

State of Karnataka v. Hemareddy supports adopting the trial court’s reasons where they are proper and legally sustainable.

The Court found that the complainant’s evidence did not establish physical violence or a specific act causing Shailaben’s death, while allegations of an illicit relationship, dowry demand and harassment lacked consistent corroboration.

Neighbours and the deceased’s son described the door as closed from inside and the circumstances in which the body was discovered, but did not connect the accused to the killing.

The postmortem evidence did not support the alleged forcible administration of poison, and the prosecution did not otherwise reliably establish that sequence.

Nor was there reliable evidence of instigation or intentional aid for Section 306, an agreement to commit murder for Section 120-B, or accused involvement in setting the body on fire for Section 201.

Applying the principles governing appeals against acquittal, the Court found no material evidence ignored and no perversity in the trial court’s reasonable view.

The State’s appeal was dismissed, the acquittal dated 23 January 2004 was confirmed, and the record and proceedings were ordered to be remitted to the trial court.